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City Clerk’s Office Item # R-6
Background Paper for Proposed
Ordinance
COUNCIL MEETING DATE: December 23, 2019
TO:
President Dennis E. Flores and Members of City Council
CC:
Nicholas A. Gradisar, Mayor
VIA:
Brenda Armijo, City Clerk
FROM:
Sam Vigil, Public Works Director
SUBJECT:
AN ORDINANCE ADOPTING A WAIVER DELEGATING THE DAMAGE
PREVENTION SAFETY PROGRAM OF THE CITY TO THE
UNDERGROUND DAMAGE PREVENTION SAFETY COMMISSION OF
THE STATE OF COLORADO
SUMMARY:
The proposed ordinance adopts a waiver delegating the City of Pueblo’s damage
prevention safety program to the State of Colorado’s Underground Damage Prevention
Safety Commission (“Safety Commission”).
PREVIOUS COUNCIL ACTION
:
None
BACKGROUND
:
The State of Colorado enacted Senate Bill 18-167 which, among other matters,
established within the Colorado Department of Labor and Employment, Division of
Oil and Public Safety, a Safety Commission. Pursuant to Section 9-1.5-104.2,
C.R.S., the Safety Commission is tasked with advising governments and utility
notification associations on policies relating to best practices and standards
designed to protect the public health and safety by preventing damage to
underground utilities during excavations, as well as reviewing alleged violations of
the Excavation Requirements Act involving practices related to underground
facilities and ordering appropriate remedial action or penalties.
Section 9-1.5-104.2(1)(d), C.R.S., provides that home rule entities must either
adopt their own damage prevention safety program, or adopt by resolution,
ordinance or other official action, a waiver that delegates such authority to the
Safety Commission. City administration believes it is in the best interest of the City to
adopt a waiver delegating its damage safety prevention program to the Safety
Commission. At the present time, the administrative burden of reviewing and enforcing
alleged violations of the Excavation Requirements Act outweighs any benefit the City
would receive by having its own program separate from the State.
The Safety Commission Waiver for Home Rule Entities will be completed electronically
upon approval and execution of this Ordinance.
FINANCIAL IMPLICATIONS
:
None
BOARD/COMMISSION RECOMMENDATION
:
None
STAKEHOLDER PROCESS
:
None
ALTERNATIVES
:
Alternative No. 1 – Adopt a City of Pueblo Damage Prevention Safety Program
The City of Pueblo would be required to develop its own damage safety program similar
to that established in Section 9-1.5-104.2(1)(d), C.R.S. The City would specifically
be required to receive and process all alleged violations of the Excavation
Requirements Act involving practices related to underground facilities which occur
within the City and order appropriate remedial action or penalties.
RECOMMENDATION
:
Approval of the Ordinance.
Attachments
:
None
ORDINANCE NO. 9635
AN ORDINANCE ADOPTING A WAIVER DELEGATING
THE DAMAGE PREVENTION SAFETY PROGRAM OF THE
CITY TO THE UNDERGROUND DAMAGE PREVENTION
SAFETY COMMISSION OF THE STATE OF COLORADO
WHEREAS, Pursuant to Section 9-1.5-104.2, C.R.S., the State of Colorado’s
Underground Damage Prevention Safety Commission (“Safety Commission”) is tasked
with advising governments and utility notification associations on policies relating to best
practices and standards designed to protect the public health and safety by preventing
damage to underground utilities during excavations, as well as reviewing alleged
violations related to underground utilities; and
WHEREAS, Section 9-1.5-104.2(1)(d), C.R.S., provides that home rule municipality
must either adopt its own damage prevention safety program, or adopt by resolution,
ordinance or other official action, a waiver that delegates such authority to the
Commission; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF PUEBLO, that:
SECTION 1.
The City Council approves and authorizes a waiver delegating its damage safety
prevention program to the Safety Commission. Such waiver is subject to and
conditioned upon the City’s right and authority to rescind the Waiver at any time in the
future as it deems appropriate.
SECTION 2.
The officers and staff of the City are authorized and directed to perform any and
all acts consistent with the intent of this Ordinance to effectuate the policies and
procedures described herein. The Public Works Director is specifically authorized to
execute and submit the Waiver on behalf of the City.
SECTION 3.
This Ordinance shall become effective immediately after final action by the Mayor
and City Council.
Action by City Council:
Introduced and initial adoption of Ordinance by City Council on December 23, 2019.
Final adoption of Ordinance by City Council on January 13, 2020.
President of City Council
Action by the Mayor:
☒
Approved on January 21, 2020 .
☐
Disapproved on based on the following objections:
Mayor
Action by City Council After Disapproval by the Mayor:
☐
Council did not act to override the Mayor's veto.
☐
Ordinance re-adopted on a vote of , on
☐
Council action on __________________failed to override the Mayor’s veto.
President of City Council
ATTEST
City Clerk